If you are considering buying a dashcam, one question you might have is whether you can present it as evidence in the event of a crash. Or, whether the other driver could claim you had no right to record them.
You might have a similar question if you are thinking about pulling out your phone after a crash and the other driver is telling you that you cannot film them or their vehicle.
Generally, you are allowed to film video footage in public places in Texas. As most roads are public places, this means you should be OK.
What about audio?
Another aspect that could come in handy is audio footage. Some dashcams have microphones built in and so do most cell phones, and what people say after a crash can sometimes give big clues as to what went wrong. For instance, if the other driver comes to your window and says, “I’m sorry, I didn’t see you,” a recording could be valuable if their insurer later tells them to deny all responsibility.
Texas allows the recording of audio provided one of the parties in the conversation (which could be you) consents to it. You don’t necessarily need the other party’s permission to record them.
There are situations where recording someone against their wishes could be unwise, regardless of your legal rights. Stopping might be the safest option if a driver threatens you with physical harm if you carry on recording them then.
Matters such as this are one of the reasons why it is important to ring the police after a crash. They can help keep you safe if the other driver is angry, and can obtain evidence the other party might try to stop you from getting. Legal guidance after the matter can help you filter through any footage you did record and protect your right to present footage you were legally within your right to record in the face of challenges by the other party.